Sparks City Council Meeting 3/28/2016 2:00:00 PM

    Monday, March 28, 2016 2:00 PM
    Council Chambers, Legislative Building, 745 Fourth Street, Sparks, NV

Planning and Zoning Public Hearings and Action Items: 11.1

Title: Public hearing, consideration of and possible approval for Greenleaf Enterprises, Inc. to move a medical marijuana production facility from an approved location at 380 S. Rock Boulevard (previously 1825 Freeport Blvd.) to a location at 1675 Crane Way. (PCN15065)
Petitioner/Presenter: Greenleaf Enterprises, Inc./Karen L. Melby, AICP
Recommendation: City staff recommends that the City Council conduct the public hearing and grant Greenleaf Enterprises, Inc. the requested approval; see motion below.
Financial Impact: N/A
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

Greenleaf Enterprises, Inc. has requested, in writing (refer to Attachment A), that the Sparks City Council conduct a public hearing and approve a change of location for Greenleaf Enterprises, Inc. to operate a medical marijuana production facility. Greenleaf is requesting to move the production facility from a proposed location at 380 S. Rock Boulevard to 1675 Crane Way.  

Due to the State of Nevada Division of Public and Behavioral Health, the City Council must review and approve the medical marijuana production operation as separate from the cultivation facility. 



Background:

Pursuant to NRS 453A.350, a medical marijuana establishment may apply to change location within the same local jurisdiction as its original approval. A local government may only approve such an application following a public hearing.

This request is pursuant to this provision of NRS and represents the second proposed re-location of this MME. In October 2015, the City granted Greenleaf approval to re-locate this proposed medical marijuana cultivation and production facility to locate at 380 S. Rock Boulevard. Greenleaf was originally approved by the City to establish a medical marijuana cultivation and production facility, along with a medical marijuana dispensary at 1825 Freeport Boulevard in September 2014. Greenleaf Enterprises was unable to come to terms for purchase of the property at 380 S. Rock Boulevard and the MME cannot be established at this location.

As a result, Greenleaf Enterprises submitted a new administrative review application for 1675 Crane Way in December 2015. On January 6, 2016, the administrative review (Attachment C) for the new location was approved with the condition that the new location must be approved by City Council in a public hearing, as required by state law. This public hearing is in fulfillment of this condition of approval on the administrative review application. 

On January 25, 2016, the City Council held a public hearing to review the re-location of the cultivation and producation facilities for Greenleaf Enterprises, Inc. The City of Nevada Division of Public and Behavioral Health has called staff and stated that the public hearing and approval must be for each operation since the State considers both operations as separate entities. The State considers the medical marijuana cultivation was approved for relocation on January 25, 2016. This public hearing is for the City Council to review and approve the relocation of the Greenleaf Enterprises, Inc. production facility.



Analysis:

The City’s land use entitlement and business licensing processes do not include a public hearing process. Greenleaf Enterprises’s request for a public hearing and City Council approval of the relocation of the medical marijuana  facility is due to NRS 453A.350, which allows a medical marijuana establishment (MME) that has been granted provisional certificate by the State of Nevada to change to a new location within the jurisdiction of the same local government if the change has been approved by the local government after a public hearing for which at least 7 working days notice has been provided.  This agenda item provides for a public hearing and for the City Council to consider and possibly grant its approval for the change of location requested by Greenleaf Enterprises, Inc. Notice of this public hearing was published in Reno Gazette Journal on March 16, 2016. 



Alternatives:

City Council may choose to not approve the change of location for Greenleaf Enterprises, Inc. medical marijuana production facility or provide alternative direction to staff. 



Recommended Motion:

I move to approve the request from Greenleaf Enterprises, Inc. to relocate a medical marijuana production facility from 380 S. Rock Boulevard (previously 1825 Freeport Blvd.) to 1675 Crane Way. 



Attached Files:
     Att_A_Greenleaf Request.pdf
     Att_B_Greenleaf Vic Map.pdf
     Att_C_Greenleaf AR LTR.pdf
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